Mr. Speaker, as I mentioned, it would have been possible in 1968 and 1970—before 1982—to try to reach the same result by interpretation to demonstrate that the particular measure proposed is compatible as legislation with section 93 as fairly read in its general intent and purpose. But once you replace the old British style of constitution amending process by the charter of rights, the ordinary principles of federalism say that you follow that route.
I can reassure the hon. member on this point. I have made a point in my interventions on the Newfoundland school issue and on this issue today of stating that this is an amendment limited to Quebec and that in voting on this issue I do so on the basis that it is limited to Quebec.
The member may ask me what the relevance of that is. A constitutional interpretation by courts, the decisions of Parliament, the travaux préparatoires, carry their own authority. If the member himself or other members would like to indicate that in voting on this issue their vote is given on the basis that this is an amendment that applies to Quebec and only Quebec, that itself carries heavy artillery with it. It is something that in my view a court would be unwise to try to overrule.
As far as other provinces are concerned, my recommendation to them is to fight it out within the new political processes. There is no reason why British Columbia should have an identical rule to Quebec or Ontario, or Alberta to British Columbia. It is a matter for the political processes. There are no constitutional barriers other than the charter of rights which on this issue is not pre-emptive.
The interesting thing I cited for the last hon. member who questioned me is there is a mood for re-examination of education. There is a feeling that too much uniformity or a monolithic approach to education is not the best thing for suiting our children for the next century.
Therefore the new pluralism, the new ways, including the possibility of public aid, partial at least to new schools trying new approaches, would include religious schools. This is very much a matter that individual provinces can and should be able to reach within ordinary political processes.
I say to the hon. member and others that if this is your view, indicate that you wish your vote on this to be an issue limited to a constitutional amendment affecting Quebec just, as more strictly, for the one in Newfoundland.